State v. York
Supreme Court of New Hampshire
The indictment charges Elizabeth York with burning the barn of Joseph Corson, at Raymond, in said county, on the 21st day of April, 1857, and Sarah P. Leavitt with hiring and procuring Elizabeth York to burn said barn.
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The indictment charges Elizabeth York with burning the barn of Joseph Corson, at Raymond, in said county, on the 21st day of April, 1857, and Sarah P. Leavitt with hiring and procuring Elizabeth York to burn said barn. After the respondents had been arraigned and severally pleaded not guilty, and after the jury had been sworn to try them, and the indictment had been read to the jury, the respondents’ counsel objected that they could not be indicted together, or tried at the same time, but did not move the court that they be tried separately. The trial proceeded against both respondents, the…
1Opinion of the CourtSawyer, J.
By tbe common law an accessory could not be punished until tbe guilt of tbe principal had been established. Roscoe’s Cr. Ev. 218*; Russell on Crimes 21, n. A; Whar. Cr. Law, Tit. Accessories. Before tbe statute of 1 Anne, chap. 9, in England, whenever tbe attainder of tbe principal was prevented by bis death, pardon, or being admitted to benefit of clergy, whether before or after bis conviction, tbe accessory could not be arraigned. But where tbe principal was attainted, that is, bad received judgment of death, upon conviction by verdict, plea of guilty, or outlawry, bis subsequent death or…
2Cases cited5 opinions
- Commonwealth v. AndrewsMassachusetts Supreme Judicial Court · 1807
- State v. GrantSupreme Judicial Court of Maine · 1842
- Commonwealth v. PhillipsMassachusetts Supreme Judicial Court · 1820
- State v. PhelpsSupreme Court of Vermont · 1839
- Thornton v. DavisU.S. Circuit Court for the District of District of Columbia · 1835
3Cited by3 opinions
- Womack v. StateSupreme Court of Alabama · 1967
- Edwardson v. StateSupreme Court of Alabama · 1951
- Bram v. United StatesSupreme Court of the United States · 1897